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Parliamentary Sovereignty in the UK Constitution: Process, Politics and Democracy (eBook)


ISBN13: 9781782255819
Published: March 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £30.59
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The status of the doctrine of parliamentary sovereignty in the contemporary UK constitution is much contested. Changes in the architecture of the UK constitution, diminishing academic reverence for the doctrine, and a more expansive vision of the judicial role all present challenges to the relevance, coherence and desirability of this constitutional fundamental.

At a time when the future of the sovereignty of Parliament may look less than assured, this book develops an account of the continuing significance of the doctrine. It argues that a rejuvenation of the manner and form theory is required to understand the present status of parliamentary sovereignty. Addressing the critical challenges to the doctrine, it contends that this conception of legally unlimited legislative power provides the best explanation of contemporary developments in UK constitutional practice, while also possessing a normative appeal that has previously been unrecognised.

This modern shift to the manner and form theory is located in an account of the democratic virtue of parliamentary sovereignty, with the book seeking to demonstrate the potential that exists for Parliament - through legislating about the legislative process - to revitalise the UK's political constitution.

Subjects:
Constitutional and Administrative Law, eBooks
Contents:
Part I-What is the Sovereignty of Parliament?
1. The Function and the Virtue of Parliamentary Sovereignty
2. The Manner and Form Theory of Parliamentary Sovereignty

Part II-Understanding Modern Challenges to the Sovereignty of Parliament
3. The Non-Critical Challenges: Devolution, the Human Rights Act and Common Law Constitutionalism
4. UK Membership of the European Union
5. Jackson
6. The European Union Act 2011

Part III-The Virtue and Function of the Manner and Form Theory
7. A Democratic Justification of the Manner and Form Theory
8. The Potential Utility of the Manner and Form Theory

Series: Hart Studies in Constitutional Law

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Parliamentary Sovereignty: A Sceptical Restatement ISBN 9781509968985
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Regency, Counsellors of State, and the Future of the Modern Monarchy ISBN 9781509976904
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Nationhood, Executive Power and the Australian Constitution ISBN 9781509942367
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The New Labour Constitution: Twenty Years On ISBN 9781509957255
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Parliament and the Law 3rd ed ISBN 9781509934096
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Nationhood, Executive Power and the Australian Constitution ISBN 9781509942329
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The New Labour Constitution: Twenty Years On (eBook) ISBN 9781509924653
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The New Labour Constitution: Twenty Years On ISBN 9781509924646
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Proportionality and Facts in Constitutional Adjudication ISBN 9781509936984
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Proportionality and Facts in Constitutional Adjudication (eBook) ISBN 9781509936991
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Stretching the Constitution: The Brexit Shock in Historic Perspective ISBN 9781509945344
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Parliament and the Law 2nd ed ISBN 9781509939633
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Essays on the History of Parliamentary Procedure: In Honour of Thomas Erskine May
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Stretching the Constitution: The Brexit Shock in Historic Perspective ISBN 9781509905805
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The Codes of the Constitution ISBN 9781509926817
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The Codes of the Constitution (eBook) ISBN 9781509904105
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Parliament and the Law 2nd ed (eBook) ISBN 9781509908721
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Parliament and the Law 2nd ed ISBN 9781509908714
Published February 2018
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Edited by: Paul Evans
ISBN 9781509900206
Published December 2017
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£120.00
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The Codes of the Constitution ISBN 9781849466813
Published September 2016
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The House of Lords 1911-2011: A Century of Non-Reform ISBN 9781849466608
Published August 2014
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Law in Politics, Politics in Law (eBook)
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